Article 385 of the French Civil Code
November 8, 2023
The legal administrator is required to exercise prudent, diligent and informed care in the management of the minor’s property, in the sole interest of the minor.
The legal administrator is required to exercise prudent, diligent and informed care in the management of the minor’s property, in the sole interest of the minor.
The legal administrator is liable for any damage resulting from any fault he or she commits in the management of the minor’s property. If legal administration is exercised jointly, both parents are jointly and severally liable. The State is liable for any damage that may be caused by the guardianship judge and the director of the judicial registry services of the judicial court in the performance of their duties in…
Legal enjoyment is attached to legal administration: it belongs either to the parents jointly or to whichever of them is responsible for the administration.
The right of enjoyment ceases: 1° As soon as the child has completed sixteen years of age or even earlier when he contracts marriage; 2° By causes which terminate parental authority or by those which terminate legal administration; 3° By causes which entail the extinction of any usufruct.
The charges for this enjoyment are: 1° Those to which usufructuaries are liable; 2° The child’s food, maintenance and education, according to his wealth; 3° The debts encumbering the estate received by the child insofar as they should have been paid out of the income.
Legal enjoyment does not extend to property: 1° Which the child may acquire through his work; 2° Which is given or bequeathed to him under the express condition that the parents will not enjoy it; 3° Which he receives by way of compensation for extrapatrimonial prejudice of which he has been the victim.
In the event of disagreement between the legal administrators, the guardianship judge is asked to authorise the deed.
The legal administrator may not, without the prior authorisation of the guardianship judge: 1° Sell by mutual agreement a property or a business belonging to the minor; 2° Bring into partnership a property or a business belonging to the minor; 3° Take out a loan on behalf of the minor; 4° Waive for the minor a right, compromise or compromise on his behalf; 5° Accept purely and simply a succession…
The legal administrator may not, even with authorisation: 1° Alienate the property or rights of the minor free of charge; 2° Acquire from a third party a right or claim against the minor; 3° Exercise trade or a liberal profession in the name of the minor; 4° Transfer the property or rights of the minor into a fiduciary estate.
When reviewing the acts mentioned in article 387-1, the judge may, if he considers it essential to safeguard the interests of the minor, in consideration of the composition or value of the assets, the age of the minor or his family situation, decide that an act or a series of acts of disposition will be subject to his prior authorisation. The matter may be referred to the judge for the…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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